Ghato Devi vs Krishan Singh
2023 Latest Caselaw 2255 j&K

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    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU
CFA No. 3/2014


Ghato Devi                                              .....Appellant(s)/Petitioner(s)

q
                            Through: Mr. Vishal Kapoor, Advocate.
                    vs
Krishan Singh                                                       ..... Respondent(s)
                            Through: Mr. Achal Sharma, Advocate.
Coram: HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
                                        ORDER

10.10.2023

1. Learned counsel for the appellant has submitted that the primary ground for

challenging the impugned judgment and decree of divorce passed by the

learned trial court is that irretrievable breakdown of marriage is not a ground

provided under Section 13 of the Hindu Marriage Act for grant of decree of

divorce.

2. As against this, learned counsel for the respondent has submitted that the

Supreme Court in a recent case titled "Shri Rakesh Raman Vs. Smt. Kavita"

bearing civil appeal No. 2012 of 2013 has held that complete breakdown of

marriage between the spouses has to be read as cruelty under Section 13(1)

(ia) of Hindu Marriage Act.

3. Learned counsel for the appellant seeks adjournment in order to study the

judgment of the Supreme Court relied upon by learned counsel for the

respondent.

4. Adjourned at request of learned counsel for the appellant.

5. List on 02.11.2023.

(SANJAY DHAR) JUDGE

Jammu 10.10.2023 Sahil Padha